SAB v SEM & Ors [2013] NSWSC 253

Supreme Court New South Wales

Medium Neutral Citation: SAB v SEM & Ors [2013] NSWSC 253 Hearing dates: 21 March 2013 Decision date: 21 March 2013 Jurisdiction: Equity Division - Protective List Before: White J Decision: Amended summons dismissed. Plaintiff pay the defendants' costs. Catchwords: EQUITY - guardianship - application to set aside orders of the Guardianship Tribunal - appeal under s 67 of the Guardianship Act 1987 - meaning of appeal "on a question of law" - considerations governing leave to appeal on a question of fact - requirement under s 14(2)(a)(i) to consider views of person in respect of whom order is to be made - whether failure to provide adequate reasons for Tribunal's decision - requirement under s 17(1)(b) of "no undue conflict" between interests of guardian and person in respect of whom order is to be made Legislation Cited: Guardianship Act 1987 Cases Cited: TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 Hoe v Manningham City Council [2011] VSC 37 Smalley v Secretary, Department of Health and Ageing [2011] FCA 302 Palassis v Federal Commissioner of Taxation [2011] FCA 1305 B & L Linings Pty Ltd v Chief Commissioner of State Revenue [2008] NSWCA 187; (2008) 74 NSWLR 481 K v K [2000] NSWSC 1052 Slinko v Guardianship and Administration Tribunal [2006] QSC 39; [2006] 2 Qd R 279 EB v Guardianship Tribunal [2011] NSWSC 767 P v D1 [2011] NSWSC 257 Application of SJ [2011] NSWSC 372 Re B (No. 1) [2011] NSWSC 1075 Re F [2013] NSWSC 54 Mifsud v Campbell (1991) 21 NSWLR 725 SAS Realty Developments Pty Ltd v Kerr [2013] NSWCA 56 Category: Principal judgment Parties: Samantha (Plaintiff) Cynthia (1st Defendant) Helen (2nd Defendant) BM (3rd Defendant) Representation: Counsel: A Norrie (Plaintiff) In person (1st Defendant) In person (2nd Defendant) Solicitors: Michael Kerridge & Co (Plaintiff) File Number(s): 2012/94878